County Court Claim Form, Britannia Parking / BW Legal

qwertyoffice

Hi all

i will much appreciate any advice on this issue please.

Last year I parked in a private car park but the pay machine was out of order.
I think there was an option to pay by an app of some sort but I am clueless when it comes to technology!
(My son is actually typing this out for me!)

Anyway, when I got back to the motor I did not have any ticket put on it so assumed no PCN was given.
But later on I received a chase up letter through the post, which I ignored and did so for the subsequent letters that followed. 

Now I have received the attached county court claim form in the post, and I want to put up a fight with these cowboys but don’t want a CCJ!

Can anyone here help me fight it as I know there are loopholes available that we could use for my defence? 

What would be my next steps? 

Thanks in advance.

Sam

Coupon-mad

OK so at the END of this week and not before (NOT TODAY) do the AOS as the pictorial guide in the NEWBIES thread tells you.  That buys you a couple of weeks more to do your defence.

With a Claim Issue Date of 8th July, and having filed an Acknowledgment of Service after one week, you have until 4pm on 10th August to file your Defence.

Plenty of time to produce a Defence, but please don't leave it to the last minute and you MUST do the AOS first, to have that time extension.

To find our Template Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try to 'Start Defence' via the MoneyClaimOnline website. Leave that alone!  Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'. Defence and the subsequent N180 form (see NEWBIES thread) is done by email.

qwertyoffice

Thank you very much I will look at that now!

qwertyoffice

Hi Coupon Mad 

I work out the deadline for filing my defense is tomorrow (5th of August) so not got much time!

There is so much to read so please tell me if this is ok....

I have to print the below text (with points 4 to 27 added) sign it and save as a PDF.  Then email it to CCBCAQ@Justice.gov.uk during working hours and also to Britannia Parking. 

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Britannia Parking Group

(Claimant) 

Joe Smith

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question.

 

3.The Defendant could not immediately pay for the parking ticket at the time of the PCN because the only parking payment machine was out of order.
Whilst walking around the train station car park and surrounding area looking for a working payment machine, the time the defendant got back to the vehicle the PCN had already been given.  

 

KeithP

qwertyoffice said:

Hi Coupon Mad 

I work out the deadline for filing my defense is tomorrow (5th of August) so not got much time!

You are mistaken.

Over three weeks ago - the same day that you started this thread - @Coupon-mad told you...

Coupon-mad said:

With a Claim Issue Date of 8th July, and having filed an Acknowledgment of Service after one week, you have until 4pm on 10th August to file your Defence.

The 10th August is next Wednesday - almost a week away.
That assumes you filed an Acknowledgment of Service sometime after 12th July and before 28th July. Did you do that?
If you didn't do that, then your Defence filing deadline instantly became 4pm on Wednesday 27th July.


And there is no letter 's' in the word defence.  

qwertyoffice

Hi Keith

Thank you for your reply.

Yes I filed the AOS on the 12th of July when I said on this thread. 

I worked it out last night that the deadline would be today as it is 28 days from the 8th of July issue date.

Anyway, is my defence draft ok please? Thanks again for your help  

Mouse007

This claim looks like a railway station one - presumably land covered by a bye law. Your defence needs to include this, note it was well over 6 months ago. Should be dead in the water.

Mouse007

qwertyoffice said:

I worked it out last night that the deadline would be today as it is 28 days from the 8th of July issue date.

You have missed the 5 days  - date of issue plus 5 days = date of service. You have 28 days from the date of service.

Castle

Mouse007 said:

qwertyoffice said:

I worked it out last night that the deadline would be today as it is 28 days from the 8th of July issue date.

You have missed the 5 days  - date of issue plus 5 days = date of service. You have 28 days from the date of service.

As the AOS was filed after 4 days, not 5 days, the deadline is 28 days later-thus Tuesday 9th August 2022.

patient_dream

I agree with Mouse007 if the car park is covered by bye laws.

Station Map
https://www.nationalrail.co.uk/stations-and-destinations/stations-made-easy/wickford-station-plan

Interest claimed 
8% allowed by the County Courts Act 1984 is outdated and the majority of judges do not allow it

Debt recovery costs
This is the fake part of the claim.  They are relying on the BPA code of practice which is not regulated and there is no legal authority. This is only a cloud dreaming amount invented by a BPA member who also runs the DCA ... ZZPS.

Most Judges understand this is a scam and will not allow it.
If you lost, the most it should cost is £185 

Umkomaas

have to print the below text (with points 4 to 27 added) sign it and save as a PDF.  Then email it to CCBCAQ@Justice.gov.uk during working hours and also to Britannia Parking. 

No, you just email it to the CCBC, they will forward to BWL.